CBNNews.com - California officials will investigate the Mormon church and its role in the Proposition 8 campaign that amended the state's constitution to define marriage as a union between a man and a woman.

A gay rights group is accusing the Mormon church of failing to report the full extent of its work to support Prop 8.

But Jay Sekulow from the American Center for Law and Justice told CBN News that California is crossing the line by investigating the church's spending.

"These weren't campaigns like a political campaign, like someone running for office," Sekulow said. "This was on a moral issue and a cultural issue, and I think the church should be free to engage in these issues and not have to engage in oversight by the government when it comes to this."

"Now the law in California may be different and maybe needs to be challenged in that regard. I think it does need to be challenged," he explained. "But this idea that the government can oversee how the church spends its money is in my view absolutely unconstitutional.

CBN News asked the California fair Political Practices Commission to comment on Sekulow's complaint, but it refused.